A Study On The Equal Guarantee Of The Right To Education Of The Children Of Migrant Workers In China

With the increasing migration scale of migrant workers,the proportion of migrant workers' children in the floating population is also increasing.The equal protection of the right to education of migrant workers' children is becoming increasingly prominent.Whether the children of migrant workers can receive equal educational opportunities and good educational resources in the inflow place is not only very important for the realization of their own values and the future development of their families,but also for avoiding the generation of unstable factors affecting social development,which has a potential far-reaching impact on the harmonious development and construction of the whole society.The right to education is an important basic right,which has the dual nature of freedom and social rights.At the same time,to a certain extent,the right to education shows a trend of similar characteristics with personality right.The relatively complex nature of the right to education leads to the equal realization of the right to education gradually depends on the performance of the obligation of the state government,which is more obvious in the stage of compulsory education.Based on China's constitution,education law,compulsory education law and other relevant legal texts,this paper describes the legal rights system applicable to the right to education of school-age children,including migrant workers' children.At the same time,this paper analyzes the special status of migrant workers' children's right to education in China's education laws and regulations.Do a further analysis of the effectiveness of relevant existing laws.In order to solve the problem of migrant workers' children,the general right to education,which is caused by the relevant policies and regulations issued and implemented,has turned to the reality of specialization.Make an in-depth study by using the research framework of equality issues.This paper analyzes the nature of the equal object of the right to education in the compulsory education stage,the complex connotation of the equal demand in the protection of the right to education of the migrant workers' children in China,and whether the demand of the equal subject has homogeneity.This paper reveals the relevant reasons of equal deviation in the practice of protecting the right to education of migrant workers' children,and analyzes the direct or indirect reasons for the trend of property of the right to education existing behind the unequal events.This paper explores the influence of the dual household registration system on the concept of equal education in history,explores the causes of the defects in policy-making resulting in the inequality of the right to education,and analyzes the deep-seated reasons such as the improper decomposition of state obligations on the protection of the equality of the right to education of migrant workers' children.Starting from the undertaking of the state obligation for equal protection of citizens' right to education,this paper briefly expounds the origin and development of the theory of state obligation,and emphasizes the important leading role of the state in the process of equal realization of the right to education.Integrate the existing classification of the content system of the theory of state obligations,and construct the content framework of the theory of state obligations under the system theory system.Based on the theory of state obligation,human rights and the basic rights of the constitution,this paper explores the causes of the differential education concept,which has great resistance to the realization of the equality of the education rights of migrant workers' children,and evaluates,corrects and renews this concept.In view of the characteristics that the group of migrant workers are mainly concentrated in the first tier developed cities such as Beijing,Shanghai and Guangzhou,this paper puts forward the theoretical basis,systematic and constructive solutions to the practical problems such as the formulation of the main body and standards for the enrollment conditions of migrant workers' children,the realization of equal access to educational resources and the distribution of educational financial funds.